Zambia's civil society rejects proposed NGO bill

LUSAKA, ZAMBIA — 

Civil society organizations in Zambia have raised concern over the government’s introduction of a bill that they say is restrictive and suffocates Zambia’s active non-governmental organization sector.

The new bill, known as the NGO bill of 2024 and signed by Attorney General Mulilo Kabesha, proposes stringent controls over non-governmental organizations and continues to place them under the authority of a government-dominated registration board.

The NGO bill further proposes a code of conduct and requires NGOs to submit annual information about their activities, accounts, funders and the personal wealth of officials. NGO officials could face fines or prison sentences of up to three years if they fail to submit their annual returns or conduct an audit.

In addition, if implemented, the new law will compel NGOs to re-register every five years.

NGOs concerned about independence

At a recent news briefing in Lusaka, Zambian NGOs expressed concern the proposed bill, if enacted, would affect their independence and stifle their operations.

Jacob Makambwe is the spokesperson for a consortium of 12 NGOs in Zambia, including Transparency International Zambia, Chapter One Foundation, Alliance for Community Action and the Center for Trade Policy and Development.

"We express our concern that the government has not conducted meaningful and widespread consultation on this matter," said Makambwe. "Having perused the NGO bill of 2024, we find its content largely focuses on control of NGOs. We therefore reject the NGO bill of 2024."

According to the Zambia Statistics Agency, there are more than 1,500 registered NGOs in Zambia. Currently, NGOs are regulated by the registrar of societies under the Ministry of Internal Security.

Some NGOs have accused the Zambian authorities of following the same path as previous governments that sought to impose restrictions on the operations of NGOs since 2009. But President Hakainde Hichilema says his administration is committed to promoting fundamental freedoms.

'We are standing in for the poor'

Lorraine Mwanza, is the chairperson of the Media Institute of Southern Africa, a non-governmental organization that focuses on media freedom. She told VOA she is not happy with the newly proposed law governing NGOs because she believes it infringes on fundamental freedoms.

“Why should NGOs be subjected to this?" she asked. "We are just standing in for the voiceless, we are standing in for the poor.”

Guess Nyirenda, a governance expert, urged the government to have wide consultations with NGOs as they are partners in development.

"Among some of the critical roles of NGOs include advocacy and policy influence. This is about amplifying and marginalizing voices by the NGOs," said Nyirenda.

According to media reports, Zambian authorities have made several attempts to enact restrictive laws for NGOs since 2009. NGOs opposed the 2009 law regulating their operations.

Charity Musamba, a development expert and lecturer at the University of Zambia, said there is a need to strengthen regulations to ensure the accountability and financial transparency of NGOs.

"The provisions should ensure that civil society are requested to account for all the resources that come their way," said Musamba. "This is a proactive way of promoting democratic operations of institutions and it also gives a higher ground for civil society to continue demanding accountability from the ruling elite."

According to a 2024 Human Rights Watch report, President Hichilema promised to repeal the 2009 NGO law along with other restrictive laws when he was in opposition.

The Zambian government’s Council of NGOs is responsible for coordinating the operations of NGOs in Zambia. Roy Mwilu is the chairperson of the council under the Ministry of Community Development and Social Services.

“It aims to enhance transparency, accountability and operational efficiency within the sector — that is the NGO sector — and also to ensure that the NGOs can play a pivotal role in national development," said Mwilu.

Once the bill is approved by the Cabinet, the proposed law will be presented to parliament for debate. It needs a two-thirds majority of all lawmakers to be passed by 2025.

Rights groups are urging the government to repeal the NGO bill of 2024 so that the country conforms to standards of modern democratic governance.